Increasing Focus On Info Exchanges Among Competitors

By Phillip Johnson and Niyati Ahuja, Econ One Research Inc. (April 28, 2017, 11:16 AM EDT) -- When we think of a collusive agreement between competitors, we usually think of an act of directly fixing prices or output. But adverse effects on competition can result from competitors just sharing sensitive (nonpublic) information. Indeed, recent activity in private and public antitrust enforcement shows an increasing focus on competitors' coordinated actions and information sharing. In late January, for example, a group of poultry farmers filed a class action against the country's biggest chicken processors (including Tyson Foods, Perdue Farms and Pilgrim's Pride Corp.) alleging the companies had shared highly sensitive and confidential compensation data in an effort to suppress the farmers' pay. The suit further alleges that these defendants agreed not to hire away farmers from each other in order to protect themselves "from normal competitive pressures that could potentially erode the effects of their information sharing agreement."[1] This case comes at the heels of recent developments at the U.S. Department of Justice and Federal Trade Commission that show growing concern with nonprice information sharing by market competitors....

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